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b. Scale Adiustments: Accuracy of the scale shall be checked and <br /> adjustments made at least as often as required to continue to be <br /> certified. Records of the accuracy check and adjustments shall be <br /> preserved and made available in the same manner as other records. <br /> 4. Operations. <br /> a. The Company shall conduct its operations on the Property- in a prudent <br /> and %workmanlike manner and in accordance with good and accepted <br /> mining and business practices and in compliance with all applicable <br /> federal. state. and local laws. rules and regulations and all applicable <br /> permits. The timing, nature, manner and extent of mining operations, <br /> processing and sales shall be within the sole discretion of the <br /> Company-, and the Company shall not be required to mine, preserve or <br /> protect in its operations any Materials which.under good mining <br /> practices, cannot be mined or sold at a reasonable profit to the <br /> Company at the time they are encountered. <br /> b. The Company shall have the right to construct. maintain. use roads. <br /> Power lines. telephone lines. conveyors and stockpile areas and any <br /> right of way it deems necessary or desirable for its operations on the <br /> Property related to the Company's operations under this Lease. Any <br /> roads constructed will remain permanently on the property and the <br /> owner will sign a letter stating agreement of such. The Company shall <br /> have the right during the Term of this Lease and without payment to <br /> Lessor to strip and remove overburden and otherwise to use and <br /> occupy the Property as is reasonably required in connection with <br /> mining. quarrying. extracting. processing (including tailings--%N-ashed <br /> fines storage facilities). storage. transportation. sale and removal of <br /> Materials from the Property- and from other properties on which the <br /> Company is conducting operations. <br /> C. The Company shall have the right to construct and maintain Plants on <br /> the Property- at a location selected by the Company. and Lessor agrees <br /> that the Company shall_ have full right of access for the construction. <br /> use and maintenance of the Plants and for stockpiling Materials <br /> processed or to be processed. whether from the Property- or from other <br /> properties on which the Company is conducting operations. A- <br /> access easement and conveyor easement shall be 50 feet in width <br /> within the Property. Any conveyor easement shall include but not <br /> limited to the right to construct. operate. maintain,repair and remove a <br /> conveyor system and similar. related or incidental improvements for <br /> purposes of transporting Materials across the Property-. The Company <br /> shall have the right to place fines from the Property- in mined out areas <br /> at no additional cost to Company under this Lease. <br /> Lessor Initial '7 <br /> Lessee Initials ' <br />